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Prosecution Details

Defendant Universal Constructions Pty Ltd
Trading Name Not applicable
Section [1] 19(1) and 19(6)
Regulation [2] 3.61(a)
Offence Date 7 to 8 November 2000
Description of Breach(es)

[1] Being an employer, failed so far as was practicable to provide and maintain a working environment in which its employees were not exposed to hazards.


[2] Being a main contractor at a workplace where work of a type referred to in clause 1.2 of AS/NZS 3012 was to be done failed to ensure that the requirements of AS/NZS 3012 were complied with in relation to matters within the scope of AS/NZS 3012.

Background Details

The defendant was the main contractor for the construction of a primary school. The defendant contracted out the roofing work requirements. Pursuant to section 19(4) of the Occupational Safety and Health Act 1984, those engaged to work on the roof were deemed to be employees of the defendant.

On 8 November 2000 two workers were observed on the roof, approximately six metres high, without any safe system for working at heights. One worker was wearing a safety harness, however, it was not attached to anything. An investigation revealed that employees of the contractor had also worked on the roof on 7 November 2000 without any fall protection.

The defendant had a site supervisor on the site on both occasions. Alternatively, a suitable fall arrest system could have been installed. It was also practicable for the defendant to have provided its employees with training and instruction on the use of fall arrest systems and to have instructed them not to work on the roof without a safe system of work.

During an inspection by a WorkSafe Inspector on 8 November 2000 it was observed that electrical leads being used at the workplace were more than 10 metres from the appliance to which they were attached, were not in view of the person using the appliance to which they were connected and crossed passageways and accessways, all of which were contrary to AS/NZS 3012.

The defendant pleaded guilty. In relation to charge [1] the penalty was imposed under section 19(6).

Outcome Summary


Conviction Date 27 Jul 2001
Court Joondalup Court of Petty Sessions
Fine [1] $1000; and [2] $600
Costs $342.70
Charge Number 1/07/7106